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Section 138 of NI Act not applicable if Cheque issued before account attachment dishonored post attachment
Case Law Details
- Case Name
- Maharaja Log Home OPC Pvt Ltd and Anr Vs State of Maharashtra and Ors (Bombay High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Bombay High Court
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Maharaja Log Home OPC Pvt Ltd and Anr Vs State of Maharashtra and Ors (Bombay High Court)
1. The petition is directed against the order dated 7th September, 2021 passed by Judicial Magistrate First Class, Vashi, Belapur Navi Mumbai in Complaint Case No.1366/SS/2021 under Section 138 of the Negotiable Instruments Act, 1881 issuing process against the petitioner. The validity of the order has been challenged on the ground that the Income Tax Department withheld the payment of Rs. 99,24,143/- from the account of petitioner on 3rd April, 2020. Therefore, the petitioner was prevent...





